[Ilousf:  Bill.] 

HOUSE  OP  REPKESENTATIVES,  December  21st,  1S63.— Read 
first  and  second  times,  referred  to  the  Committee  on  Judiciary.  De- 
cember 23,  1863,  reported  back,  with  amendments,  placed  on  the  Cal- 
endar, ;ind  ordered  to  be  printed. 

[By  Mr   Gfav] 


To  be  entitled  An  Act  supplemental  to,  anr]  amendatory  of,  the  sev- 
eral acts  for  the  sequestration  of  the  cj^tates,  property  and  effects  of 
alien  cnemici^,  and  for  indemnity  of  citizens  of  the  Confederate 
States,  and  persons  aiding  the  same  in  the  existing  war  with  the 
United  States. 

1  Skctfon  1 .   The  Conp;rcss'  nf  the  Confederate  States  of  America  de 

2  enact.  That  the  proceedings  for  the  sequestration  or  confiscation 

3  of  any  property,  money,  rights,  credits  or  effects  of  any   alien 

4  enemy  of  the  Confederate  States  which  have  been  or  may  be  had, 
.>  shall  bind  and  operate  against  the  claim  and  title,  not  only  of  the 
0     person  named  in  the  proceedings,  but  also  of  any  and  all  other 

7  alien  enemies  who  would  have  been  liable  to  such  sequestration 

8  or  confiscation.  And  no  cause  of  action  shall  ever  exist,  or 
0     suit  be  allowed,  in  behalf  of  any  person  who  wa«  an  alien  enemy 

10     of  the  Confederate  States,  for  any  property  sequestrated  and  sold, 


1 1  money  collected,  or  rights  or  estates  effected  by  proceeding  had 

12  under  the  sequestration  or  confiscation  laws,  nor  in  behalf  of  any 

13  person  claiming  from  or  under  such  alien  enemy,  by  title  or  in- 

14  terest  acquired  on  or  after  the  the  30th  day  of  August,  1861. 

1  Sec.  2.   Before  any  sale  shall  be  made,  it  shall  be  the  duty  of 

2  the  receiver  or  other  officer,  by  whom  the  sale  is  to  be  made,  to 

3  cause  the  property  to  be  appraised  by  three  discreet  and  disin- 

4  terested  resident  freeholders  of  the  county  or  parish  in  which  the 

5  property  is  situated,  under  oath,  to  be  administered  to  them  by 

6  the  officer,  which    appraistaent    shall   be    in  Avriting,  signed    by 

7  them,  and  returned  by  the  officer,  with  the  process  in   his  bonds  ; 

8  and  if  the  property,  Avhen  offered,  shall  not  bring  at  least  two- 

9  thirds  of  its  appraised  value,  the  sale  shall  be  suspended,  and  the 

10  officer  return  the  process  to  the  court,  stating  thereon   the  facts 

1 1  and  cause  of  such  suspe^.'^ion ,  but  such  property  may  be  again 

12  offered  for  sale,  subject  tu  like  appruisment,  when  directed  by  or- 

13  der  of  the  court. 

1  Sec.  3.     lieports   of  sales   may    be    acted   on   and  confirmed 

2  or    set    aside   by    tlie  judge,  in  vacation,  in  like  manner   as  in 

3  term  of  co\art. 

1  Sec   4.  Whenever  a  sale  of  any  property  has  been  or  may  be 

2  made  and    confirmed,  and   terms    of  sale  complied    with    by  the 

3  purchaser,    such    sale  shall  pass    the    title    to  such  property  of 

4  all  alien  enemies  of  the  Confederate  States  liable  to  proceedings 


3 

5  for  serjuestratiuu  or  confiscation,  -whetliei-  named  in  the  proceed- 

6  ings  therefor  or  not. 

1         Sec.  o.  Where  a  transfer  or  assignment  of  title  or  claim  to  any 

3  property,  rights,  or  credits,  of  an  alien  enemy,  to  a  citizen    or 

3  neutral  friend  is  alleged,  the  burden  of  proving  that  such  transfer 

•i  or  assignment  uas  made  in  good  faith,  and  for  valuable  consid- 

5  ei-ation.  before  it  l)cc;niie  liable  to  sequestration,  shall  rest  on  the 

i)  piirty  assortinj^  tiie  s:ime. 

1  Sec.  G.    ah   jmlf^mouts  and  decrees   \vhicli  have  been,  or  may 

2  hereafter  be,  rendered,  for  debts  or  money  under  the  acts  to  which 

3  this  is  supplemental,  shall  have  lien  on  the  property  of  the  debtor 

4  to  the  same    extent  as    provided  fur  judgments    or  executions  in 

5  Stiite  courts    )»y  the    laws  of  the    State    in    which    they    are  so 

6  rendered ;  and  tlu;  district  courts  shall  mould    their    process  for 

7  execution    of  such   judgments    and    "Iccrees    according   to  such 

8  laws. 

1  Sec.  7.    Executions    for   interest   accrued  on  judgments    or 

2  decrees,  may  issue  for  annual  interest,  at  any  time  after  thirty 

3  days  from  its  maturity,  either  in  term  or  vacation  ;  and  the  clerk 

4  may  issue  executions  in  vacation,  or  judgments  for  decrees  for 
o  the  amounts  due,  whenever  affidavit  is  made  before  him  by  the 

6  receiver  that  he  has  reasonable  grouu'l  for  belief  that  the  debtor 

7  is  fraudulently  concealing  or  disposing  of  his  effects,  or  is  about 

5  to  remove  them  b«'yond  the  jurisdiction  of  the  court. 


\ 

1  Sec.  8.   Any  citizen  who  has,  'u-  who  .shall  ))efore  the  first  Jay 

2  of  July  next,  in  good  faith,  or  without  notice    of  a  transfer  of 

3  any  note,  bill  or  other  credit,  sequestered  as  the  property  of 

4  an  alien  enemy,  pay  the  debt  evidenced  thereby  to  the  receiver 

5  or  marshal   of  the   Confederate   States   nutliorized  to  collect  the 

6  same,  and  who  shall  hereafter  be  made  liaVde  or  compelled  to  pay 

7  the  same  by  judgment  of  a  court  of  tlie  ConCederate  States,  shall 

8  be  reimbursed  by  the  Government  nf  the  Confederate  States    in 

0  the  amount  >«o  paid,  with  interest  at    rhe  same  rate  the  de}>t  was 
1(1  drawing,    and    costs    of    suit    incurred  :     Fntvlded,     That     the 

1 1  debtor  shall  have  notified  the  Attorney  of  the  Confederate  States 

12  of  the  pendency  of  such  suit  so  that  he  may  defend  the  same,  or 

13  if  such  notice  be  not  given,  that  the  judge  presiding  at  the  trial 
11  shall  certify  that  the  suit  was  defended  in  good  faith  and  with 
1 5  due  diligence  by  the  debtor. 

1  Sec.  9,  After  the  first  day  of  July  next,  the  treasury  notes  of 

2  the  Confederate  States,  issued  before  the  first  of  January,  18G1, 
:3  shall  not  be  received  in  payment  of  debts  sequestrated  or  confis- 
4  cated,  under  the  acts  to  which  this  is  supplemental. 

1  Sec.  lU.  All  claims  for  any  property,  right,  credit  or  effects 

2  sequestrated  or  confiscated  in  proceedings  against  an  alien  enemy, 
o  shall  be  asserted  by  institution  of  suit  therefor  within  one  year 

4  after  the  ratification  of  a  treaty  of  peace  with  the  United  States;         Oc^( ■ 

5  and  all  claims  not  so  asserted  shall  be  forever  barred.  ^  ,  ■  ] 


